PROCEDURE-COURT

Building's C of O Didn't Reflect Conversion to Class A Multiple Dwelling

May 24, 2024    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed back rent of $13,800. The court ruled for landlord based on tenant's default, but the parties agreed to reopen the case after tenant...

Landlord Failed to Comply with CARES Act

May 23, 2024    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. Landlord failed to state a cause of action in its petition and didn't provide necessary...

Landlord Didn't Comply with Williams Consent Decree

May 23, 2024    

Landlord sued to evict NYCHA tenant, who claimed landlord's papers weren't properly served. The court held a traverse hearing and dismissed the case. Under RPAPL Section 735, proper service of the petition...

Tenant's Appeal of OTDA Denial of ERAP Application Must Be Filed in Albany County

May 23, 2024    

Tenant sued for judicial review of several OTDA decisions denying his applications for ETPA rental assistance benefits. OTDA asked the court to dismiss the case as time-barred or, alternatively, to transfer the case...

Landlord Had No Standing to Challenge Tenant's Right to Legal Services

March 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant obtained legal representation with Manhattan Legal Services through the Universal Access to Counsel program, which provided legal services to income-...

Landlord Awarded $45,000 Judgment in Summary Proceeding After Tenant Moves Out

March 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Landlord later asked the court for permission to amend its petition and for summary judgment without trial. The court ruled against landlord, who appealed and won...

Co-op Shareholders Claim Retaliation by Co-op Board After Complaints About Drinking Water

March 26, 2024    

Co-op shareholder tenants sued their building's cooperative corporation for retaliation under RPL Section 223-b. They claimed that the co-op board issued a default notice just five weeks after the they complained...

Landlord Didn't Send 90-Day Termination Notice Before Lease Expiration

March 26, 2024    

Landlord sued to evict unregulated tenant when tenant's lease expired. Tenant had lived in the apartment for more than three years before landlord commenced the court proceeding. Tenant asked the court to dismiss...

Tenant Can Add Defense That Landlord's Filing of Affidavit of Service of Petition Was Untimely

March 26, 2024    

Landlord sued to evict tenant. Tenant filed an ERAP application before the first scheduled court date, which resulted in a stay of the proceeding until there was a final ruling on tenant's ERAP application....

Nonpayment Proceeding Sought Rent for Period When Tenant Had No Lease

March 15, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in August 2023, seeking rent arrears for the period between August 2022 through June 2023 at $1,451 per month. Tenant asked the court to dismiss...

Landlord Requested Payment of Use and Occupancy Prematurely

March 12, 2024    

Landlord sued to evict two apartment occupants after the unit's rent-controlled tenant died. The case was adjourned for two months on the initial return date to give the occupants a chance to obtain an attorney....

Court Refuses to Grant Mandamus Relief Against DHCR for Ruling on Demolition Application

February 25, 2024    

On March 2, 2021, DOB approved landlord's application to demolish an apartment building. At that time, only one rent-stabilized tenant remained in occupancy. In September 2022, landlord applied pursuant to RSC...